I. – An undertaking for collective real estate investment may carry out temporary sales of financial instruments mentioned in 4° to 7° of I of article L. 214-36, up to a limit of 30% of its assets.
II. – An undertaking for collective real estate investment may carry out, up to a limit of 40% of its assets, transactions for the temporary acquisition of financial instruments mentioned in 4° to 7° of the I of article L. 214-36 or in article R. 214-93 .
The net asset values of the shares or units of an undertaking for collective real estate investment are determined taking into account changes in the value of the securities temporarily sold.
III. – An undertaking for collective real estate investment may only carry out the transactions referred to in I and II if they have the following characteristics:
1° they are carried out with an establishment mentioned in the second paragraph of article R. 214-109 ;
2° they are governed by a framework agreement mentioned in articles L. 211-36 and L. 211-36-1 ;
3° Be taken into account for the application of the provisions of articles R. 214-95 to R. 214-100, the counterparty risk exposure rules defined in article R. 214-111 and the commitment rule defined in 1° of article D. 214-113 ;
4° Be able to be unwound or liquidated at any time, at their market value or at a predetermined value, at the initiative of the undertaking.